Indian Penal Code, 1860, Section 302, 506(2), 34 -- Murder - Reliability of complainant - Nothing on record to disbelieve that deceased and complainant were not going together at the time of occurrence - Presence of complainant and deceased may not be denied on the ground that no blood stain was found on his clothes or body - Their presence at the time of occurrence said..........
Indian Penal Code, 1860, Section 302, 506(2), 34 -- Murder - Plea of juvenility - Accused `J' has not pressed himself his application regarding juvenility before Trial Court therefore raising plea of juvenility before this Court is barred by principle of Res judicata as well as principle of estoppel - No evidence on record to show accused `J' was juvenile at the time of..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Scope - S.195(1)(b)(ii) Cr.P.C. would be attracted only when offences enumerated in the said provision have been committed with respect to a document after it has been produced or given in evidence in a proceeding in any court i.e. during the time when the document was in custodia legis...........
Securities and Exchange Board of India Act, 1992, Section 11(3), 24, 26, 27 -- Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices Related to Securities Market) Regulations, 1995, Reguls. 6(d), 7 - Violation of Regulations - Complaint - Limitation - It was only after investigation report submitted to Board and approved that Board..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of appeal - Increase in Court fee payable after institution of suit and before filing of appeal - Court fee is payable on memorandum of appeal according to law in force on the date of institution of suit, in the absence of any provision giving retrospective effect to the amendment increasing the Court fee payable..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Denial of sexual intercourse by the other spouse for a long time without sufficient reason - Amounts to cruelty - In instant case, marriage not consummated despite efforts of husband - It amounts to mental cruelty - Divorce granted to husband with direction to pay Rs.40 lakhs as one time permanent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 11.6 kg of cannabis from two accused - Quantum of sentence - Accused persons sentenced to 10 years R.I each and also sentenced to pay a fine of Rs.1 lakhs each - In default of payment of fine each of accused was liable to undergo further simple imprisonment for a period of two years - No..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint before expiry of 15 days from the date on which notice is served - Held, it is no complaint in the eye of law - Cognizance of offence cannot be taken on the basis of such complaint - Merely because at the time of taking cognizance period of 15 days has expired from the date on which notice has..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Entire incident happened within a very short span of time without any premeditation or plan when both the parties interested in illegally grabbing possession of disputed plot - Accused `R' committed murder of deceased by gun fire - He had knowledge of consequences of using 12 bore single barrel gun and also..........
Will -- Suspicious circumstances - Material contradiction between statements of attesting witnesses in respect of time of execution, ink, pen and paper used for Will and who had called the witnesses - Various questions put to these witnesses were not replied - No evidence that petitioner ever rendered any service to testatrix during her life time - One of attesting..........
